Harpootlian’s firm to help Columbia in school mask suit at SC Supreme Court
When the city of Columbia and state Attorney General Alan Wilson tussle over masks in schools next week in a case before the state Supreme Court, the city will be getting a legal assist from state Sen. Dick Harpootlian’s law firm.
Harpootlian confirmed to The State that Chris Kenney, an attorney who works in the Democratic senator’s law office, will be helping argue the case on the city’s behalf. Columbia Mayor Steve Benjamin said senior assistant city attorney Patrick Wright will be working the case on behalf of Columbia, as well.
“We believe that the legal arguments and merits are on our side,” Harpootlian told The State.
Benjamin said Harpootlian’s firm is working pro bono on the case. The state Supreme Court is scheduled to hear the matter at 10 a.m. Tuesday.
Earlier this month, Columbia City Council passed a measure that requires students and faculty at 43 elementary and middle schools and day cares in the city to wear masks as COVID-19 cases have risen sharply in South Carolina in the last month.
The city’s move came despite a one-year law, called a proviso, written into the state budget by legislators that prevents schools from spending state funds on mask mandates.
The Republican Wilson subsequently filed a lawsuit saying he wants the state Supreme Court “to resolve a dispute over the controlling effect of a legislative proviso regarding mask requirements so that all jurisdictions will be informed about what law governs.”
The attorney general has said he thinks the state budget proviso is clear in saying that masks can’t be mandated in K-12 schools. The one-year law says, “No school district, or any of its schools, may use any funds appropriated or authorized pursuant to this act to require that its students and/or employees wear a facemask at any of its education facilities. This prohibition extends to the announcement or enforcement of any such policy.”
But the city has insisted that its emergency measure to require masks in elementary and middle schools, and day cares, is lawful. City Councilman Howard Duvall, the former longtime director of the state Municipal Association, has said there is “both a Constitutional and statutory right for municipal governments to protect the health and safety of their citizens.”
Wilson asked the state Supreme Court to take original jurisdiction in the matter, meaning the state’s highest court would take the case directly, rather than have it go through the lower court system. The city conceded to going that route, and the Supreme Court issued an order Tuesday accepting the case.
The order noted that the Municipal Association, the City of Charleston and the South Carolina Education Association would be filing supplemental briefs in the case.
Benjamin said Wright and city attorney Teresa Knox have done “an amazing job” of working the city’s case so far, and having Harpootlian’s firm join the fray is helpful.
“Dick and Chris (Kenney) have the reputation of being two of the best lawyers in the state,” said the third-term mayor, who also is an attorney.
Children under the age of 12 are not eligible to get a COVID-19 vaccine shot. On Thursday, the state Department of Health and Environmental Control announced 4,245 new coronavirus cases.
